Going to court
Every debtor, regardless of the chapter, must make one appearance in the case, though it is not really in "court" since the judge is not present.
The court schedules a meeting of creditors in each case, usually about 30 days after the filing. The meeting is nick-named the "341 meeting" after the section of the bankruptcy code that requires it.
The trustee assigned to the case presides and asks questions about the contents of the bankruptcy schedules. The debtor must appear at the meeting and answer questions under oath about his assets and liabilities.
In cases where there are assets with value in excess of the available exemptions, the trustee tries to gather information to aid in his liquidation of those assets for payment to creditors. He may ask for the business records or other documents concerning the assets or the debtor's financial history.
The 341 meeting is not a test or an inquisition. Neither the trustee nor the creditors can take any action at the meeting that decides any question central to the case. It is a fact finding meeting.
Of course, if new or troubling facts come out at the meeting, the trustee or a creditor can file a motion or an adversary proceeding in the bankruptcy court for the judge's consideration.
Most 341 meetings are short, sweet, and uneventful. The debtor does not have to justify filing bankruptcy. No rights are won or lost at the 341 meeting. Creditors do not have to attend the 341 meeting to file a claim or object to discharge.
What happens at the meeting?
The trustee swears you in and begins his questioning. The meeting is either tape recorded or recorded by a court reporter.
|Standard questions asked by the
trustee at the 341 meeting include:
The trustee may also ask how you reached the values on your assets and for more information about unusual assets or business interests. If the trustee needs more information or documents that aren't available at the meeting, the meeting may be continued until another date when the information can be provided and any questions answered. Dig deeper: read the official trustee handbook on the 341 meeting.
Will my creditors be there?
Creditors are invited to the meeting, though most creditors don't come. Creditors who do attend are usually those with security interests in the debtor's assets or creditors who think that they have been defrauded.
Creditors are permitted to ask the debtor questions under oath. The scheduling constraints of most trustee's calendars usually limit each creditor to a few minutes at the 341 meeting. Creditors can ask the court for an order requiring the debtor to appear for a further examination, like a deposition, under the provisions of Bankruptcy Rule 2004.